PHC suspends BoGs of Khyber Teaching Hospital

PESHAWAR: The Peshawar High Court (PHC) has suspended the Board of Governors (BoG) of Khyber Teaching Hospital (KTH) with the observation that it was reconstituted by the Khyber Pakhtunkhwa government against the order of the Supreme Court of Pakistan.

As per the order sheet, available with The News, a division bench headed by Chief Justice Waqar Ahmad Seth suspended the BoG. It directed Khyber Pakhtunkhwa secretary Health to look after the affairs of the BoG of the Medical and Teaching Institute Khyber Teaching Hospital.

The bench suspended the BoG comprising its chairman Dr Faisal Sultan and members Shah Jehan, Mohsin and Dr Mian Tahir Shah.

The court restrained the respondents from taking any adverse action against the petitioner till disposal of the petition.

The bench issued the notice to the respondents including chairman of the BoG, Khyber Pakhtunkhwa government through chief secretary, Dr Noorul Eman, dean, Khyber Medical College, and Dr Ibrar Hussain, chairman, Department of Ophthalmology, Khyber Teaching Hospital.

They were directed to submit comments before January 22, 2019, the next date of hearing of the case.

The bench passed the orders in a writ petition filed by Prof Dr Mustafa Iqbal, Department of Ophthalmology, KTH, against the notification issued on October 5, 2018 for the reconstitution of the BoG in violation of the Supreme Court’s order.

During the hearing, Abdul Latif Afridi, the counsel for the petitioner, submitted that as per the inquiry report on the order of the Supreme Court, appointment of respondent No 3 (Dr Noorul Eman) was clearly held to be against the law and to-date the respondent No 1 chairman, BoG KTH and respondent No 2 KP government had failed to comply with the order of the Supreme Court.

He pointed out that the Supreme of Pakistan on September 18 this year disposed of the petitioner’s case with the direction to the provincial government to constitute an inquiry and revoke the illegal appointments in light of the inquiry report.

The lawyer informed the bench that the Supreme of Pakistan had also dissolved the BoG, but the Pakistan Tehreek-e-Insaf provincial government in disregard and violation of the order of the apex court issued another notification on June 6, 2016 to appoint the same chairman and members who had been removed due to unsatisfactory performance.

The petitioner submitted that the act of the respondents was a clear case of contempt of court and the court could also initiate contempt of court proceedings against them.

In the petition, it was also submitted before the bench that appointment of Dr Noorul Eman as KMC Dean and Dr Ibrar Hussain as chairman, Department of Ophthalmology, was against the relevant rules.

He prayed before the court to pass an order to the provincial government to remove the present KMC dean from the post as the inquiry report had declared his appointment illegal and against the law.

The petitioner prayed that the court may direct the government to take action against illegal appointments in light of the inquiry report.